If I had an agreement to pay my landlord by a certain time but now he refusing to come pick up the money, can he evict me?

Asked on October 31, 2011 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have an agreement to pay the landlord by a certain time or date, that agreement is enforceable: as long as you pay on time, you can't be evicted. The landlord can't refuse, legally, to pick up the money.

A good way to deal with this situation is to take the initiative: send the money to the landlord in some way that you can prove that it was delivered, and when. For example, using federal express next day delivery and keeping the tracking number; using a messenger or courier service that provides a receipt; going to the landlord's office and putting the money in a drop box, if you bring other people with you to testify as to what you did (so it doesn't come down to just your word); etc. Always pay in some way you can also prove that the landlord got the money--e.g. check or money order, so you can prove when its cashed. Never pay cash if you can help it, and then only if you get a receipt at the time to pay the money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.